If I think my ex has increased income and I am entitled to more child support, how can I make a motion to modify? Am I entitled to get a copy of his tax returns in support of my motion? What steps would I need to take? Do I have to wait 3 years after an initial consent order regarding child support?
A child support order can be modified if there is a substantial change in circumstances affecting the wellbeing of the child. It is presumed to be a substantial change in circumstances if at least 3 years have passed since the date of entry of the original order and a 15% or more difference between the amount of child support in the original order and the amount it would be under the new order. You do not have to wait three years if a substantial change in circumstances has occurred.
When a motion to modify child support is filed and a substantial change in circumstances is determined to have occurred, both parties are entitled to exchange their financial documents.
In order to start the modification process, you will have to file a Motion and Notice of Hearing for Modification of Child Support Order and serve it on the other parent. Note that the State charges $20 for this to be filed.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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